(a) A member of the Defined Contribution System who terminates employment with a participating employer and does not remove any funds from his or her vested employee and employer account, or who removes the funds and repays them within five years after termination, and becomes reemployed with a participating employer within five years does not forfeit any amounts placed into the suspension account pursuant to section eleven of this article and they shall be returned to his or her employer account.

Terms Used In West Virginia Code 18-7B-16

  • employee: means the following persons, if regularly employed for full-time service: (A) Any person employed by a public school for instructional service in the public schools of West Virginia. See West Virginia Code 18-7B-2
  • Employer: means the agency of and within the State of West Virginia which has employed or employs a member, a county board of education which has employed or employs a member, or an electing charter school which has employed or employs a member. See West Virginia Code 18-7B-2
  • participating employer: means "employer" unless the context clearly requires otherwise. See West Virginia Code 18-7B-2
  • system: means the Teachers' Defined Contribution Retirement System created and established by this article. See West Virginia Code 18-7B-2

(b) All years of employment service shall be counted for vesting purposes under section eleven of this article.